John R. Malek v. Laurie Smith Camp, Bruce C. Kramer, Gene Hruza, Gary Grammer, Howard Ferguson, Neil Lindenbaum, Major Loock, and Sgt. Manske

822 F.2d 812
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 6, 1987
Docket86-1862
StatusPublished
Cited by34 cases

This text of 822 F.2d 812 (John R. Malek v. Laurie Smith Camp, Bruce C. Kramer, Gene Hruza, Gary Grammer, Howard Ferguson, Neil Lindenbaum, Major Loock, and Sgt. Manske) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John R. Malek v. Laurie Smith Camp, Bruce C. Kramer, Gene Hruza, Gary Grammer, Howard Ferguson, Neil Lindenbaum, Major Loock, and Sgt. Manske, 822 F.2d 812 (8th Cir. 1987).

Opinions

ARNOLD, Circuit Judge.

This is a pro se appeal from a final decision of the District Court1 dismissing John R. Malek’s 42 U.S.C. § 1983 complaint as frivolous. Malek argues, among other things, that his Fourteenth Amendment right to due process was violated because a prison disciplinary committee refused to hear any witnesses on his behalf at his hearing and the chairman of the disciplinary committee failed to recuse himself despite knowing that Malek had assisted another inmate in filing a suit against the committee chairman. Because Malek’s allegations, when accepted as true and viewed in the light most favorable to the pro se complainant, adequately state a claim that the chairman of the disciplinary committee was personally biased against Malek, we reverse in part and remand the case to the District Court for further proceedings.

I.

Malek, an inmate at the Lincoln Correctional Center, filed this civil-rights action against various prison officials employed at the Diagnostic and Evaluation Center (D.E.C.) alleging violations of his Eighth and Fourteenth Amendment rights.2 The claims arose out of Malek’s refusal to participate in mandatory gym activities and the resulting disciplinary action imposed. On October 19, 1984, Malek told defendant Patterson that he was unable to attend gym because he suffered from “flu-like symptoms: nausea, throbbing headache [and] fever.” Malek asked for a medical examination. His request was denied; however, he was provided with some aspirin. Officer Patterson then informed Malek that he was expected to attend the scheduled gym activity. Malek refused. When it became clear that Malek would not leave his cell, Officer Patterson filed a disciplinary report against him for “Disobeying Direct Orders” and “Unauthorized Areas.” Both rules are “Class II Offenses,” and each provides for a penalty of up to 45 days confinement in disciplinary segregation or up to 45 days loss of good time. See State of Nebraska, Department of Correctional Services Rules 5[E] and [J], and 9(b).

Sergeant Manske was assigned to investigate the charges filed against Malek. Sergeant Manske interviewed Malek, Patterson, and Lieutenant Akins, Patterson’s supervisor. Sergeant Manske, however, denied Malek’s request to interview two other prison officials and five fellow inmates. Malek was permitted, though, to obtain a written statement from an inmate supporting his contention that on the day in question Malek was, in fact, too ill to attend gym activities. Malek also obtained the (unspecified) testimony of an Officer Bandar. At the conclusion of the investigation, Sergeant Manske recommended that Malek be prosecuted for the charged disciplinary violations.

At his hearing before the Adjustment Committee, Malek presented the inmate’s written statement, and his own testimony, and cross-examined Sergeant Manske. The Committee — composed of defendants Ferguson (Chairman), Lindenbaum, and Loock —however, denied Malek’s request to call [814]*81413 (unidentified) witnesses, finding that the proffered testimony would be redundant and irrelevant. The Committee also refused Malek’s request to cross-examine the other prison officials involved in the investigation. At the close of the hearing, the Committee found Malek guilty of violating both disciplinary rules and imposed a penalty of seven days room restriction.

Malek appealed the Committee’s decision to the Appeals Board pursuant to Nebraska Correctional Rule 14. On appeal, he charged that the Committee acted improperly when it limited his presentation of evidence to only the written statement of one fellow inmate. Malek also claimed that Ferguson, in light of his knowledge that Malek prepared a civil action filed against him shortly before the hearing, should have recused himself from the proceedings. Although the Board had the power to hear witnesses, it apparently did not exercise that authority in Malek’s case. After reviewing the record, the Board denied Malek’s appeal and upheld the Committee’s decision.

Following the Appeals Board’s decision, Malek filed this § 1983 suit against the various prison officials involved in the disciplinary proceedings, alleging violations of his Eighth and Fourteenth Amendment rights. Of the numerous charges set forth in the complaint, only two claims need to be addressed on appeal: (1) whether the Committee’s refusal to allow Malek to call all of his requested witnesses at the hearing violated Malek’s Fourteenth Amendment right to due process, and (2) whether Malek’s allegation that Chairman Ferguson was biased against him because Malek assisted a fellow inmate in filing a suit against Ferguson adequately stated a ground for relief under § 1983.

The District Court, pursuant to 28 U.S.C. § 1915(d), dismissed Malek’s complaint as frivolous before Malek served any of the defendants.3 The Court turned first to Malek’s daim that the Committee violated his due-process rights when it limited Malek’s evidence to only his testimony and the written statements of the inmate. The Court held that the Committee was not obligated to review all of the evidence Malek wished to offer, especially when the proffered testimony merely restated the positions outlined in the testimony that was already submitted. The Court then ruled that Malek’s allegations of bias on the part of the disciplinary committee lacked sufficient specificity and dismissed the complaint.4

II.

Both of Malek’s claims raise the same ultimate issue on appeal: whether the District Court erred in dismissing Malek’s complaint as frivolous. A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts entitling him to relief. Thomas W. Garland, Inc. v. City of St. Louis, 596 F.2d 784, 787 (8th Cir.), cert. denied, 444 U.S. 899, 100 S.Ct. 208, 62 L.Ed.2d 135 (1979). Whether a complaint states a cause of action is a question of law which this Court reviews de novo. Morton v. Becker, 793 F.2d 185, 187 (8th Cir.1986). On review, this Court “must presume that the factual allegations of the complaint are true and accord all reasonable inferences from those facts to the non-moving party.” Holloway v. Lockhart; 792 F.2d 760, 762 (8th Cir.1986). Moreover, where the complaint is filed pro se, it is subject “ ‘to less stringent standards than formal pleadings drafted by lawyers.’ ” Toombs v. Bell, 798 F.2d 297, 298 (8th Cir.1986) (citations omitted).

[815]*815Malek contends that in allowing him to submit only the written statement of one inmate on his behalf and in denying him permission to call approximately 13 witnesses, the disciplinary committee violated his Fourteenth Amendment right to due process.

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Bluebook (online)
822 F.2d 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-r-malek-v-laurie-smith-camp-bruce-c-kramer-gene-hruza-gary-ca8-1987.